Section 21 notices are eviction notices used by landlords in England & Wales when they want to evict tenants at the end of the fixed term.. Find out more on when they should be used and how they are served. Notice periods given to tenants from 29 August 2020 to at least 31 March 2021 must be at least 6 months for most grounds (including Section 21 notices). For a section 21 notice, you must give the tenant a minimum notice of 2 months. 57% of ARLA Propertymark members have issued less than ten Section 21 notices in the past two years. The notice must state that possession of the property is required by virtue of section 21 of the 1988 Act, on a date after which possession is required. Alternatives to section 21 Notices. A section 21 (s21) notice is a written statement from the landlord to the tenant notifying that he wishes to regain vacant possession of the property. It must also be completed in a prescribed format to be valid. [2], Private registered provider of social housing, Increase of Rent and Mortgage Interest (War Restrictions) Act, Secretary of State for Housing, Communities and Local Government, Tenancy Deposit Scheme (England and Wales), Department for Communities and Local Government, "The Gas Safety (Installation and Use) Regulations 1998", "The Housing (Tenancy Deposits) (Prescribed Information) Order 2007", "The Localism Act 2011 (Commencement No. WALES: Proposals on extending the notice period for a ‘no-fault eviction’. A section 21 notice (also known as Form 6A) is a formal document served by the landlord, or the landlord's agents, to a tenant in order to notify them of the landlord's intention to repossess the property. From 1 October 2015, big changes were made to section 21 Housing Act 1988 for tenancies in England. It is quite different from a section 21 notice and works in a different way (as you can see from 1 above). Landlords can only use a Section 21 notice to ask their tenants to leave their property: Section 21 notice on form 6A cannot be used if one or more of conditions below apply: Landlords fixed term is yet to end and there is no specific clause in the contract to issue section 21. Notably, grounds for possession resulting from tenant's rent arrears is only a discretionary ground, meaning the court will only grant an order for possession if it considers it reasonable to do so. [xxviii][36], The Deregulation Act 2015 introduced a number of changes imposing new obligations on landlords, failure to comply with which renders any section 21 notices served to be invalid. [xxi][32] For a deposit that was taken between 6 April 2007 and 5 April 2012, the deposit was required to be protected within 14 days beginning with the date on which it was received. [ii][4] If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, for a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order. [22][23] Following a decision by the Master of the Rolls with agreement of the Lord Chancellor, additional restriction came in on 27 March 2020 suspending all new and ongoing housing possession action nationally for 90 days. For example, if you cannot meet the requirements of Section 21, you could use the section route. 5) (Coronavirus) Rules 2020", "The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020", "The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2020", The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020, High Court of Justice (Queen's Bench Division), "What happens when bailiffs evict tenants", "Part 55 – Possession Claims – Civil Procedure Rules", "Challenging a section 21 notice in court", "Mortgage and Landlord Possession statistics: January to March 2020", "Shelter Legal England – What is an AST? The notice is designed so that the landlord can take possession of a property they have let out with an assured shorthold tenancy, they don't have to provide a … All the changes apart from the requirement for landlords to provide prescribed information applied to all tenancies from 1 October 2018. Landlords must serve tenants with a Section 21 notice according to the conditions set out in the original tenancy agree… In the last 6 months, your council has served an improvement notice or notified that it … [xli] Without the restriction to its application that was present in the first 2015 Regulations,[xxxix][xlii] there are no questions as to its applicability to existing older tenancies. It gives the landlord the right to request you to leave the property, giving you two months of time under the rules of Section 21. It is not enough for the landlord to show that a tenant are able to obtain the information by their own enquiries. This Section 21 Notice Seeking Possession (Wales) is designed for a Landlord to serve on an Assured Shorthold Tenant. [1][2] The expiry of a section 21 notice does not bring a tenancy to its end. A section 21 notice (also known as Form 6A) is a formal document served by the landlord, or the landlord's agents, to a tenant in order to notify them of the landlord's intention to repossess the property. [44] Arguments similar to that from Kaur v Griffith[D] that even if the gas safety certificate was provided, a valid section 21 notice may not be given if the most recent associated gas safety check was conducted too long after the previous check was also rejected. SECTION 21 NOTICE TEMPLATE FORM 6A CLICK TO DOWNLOAD Latest Update: Notice periods given to tenants from 29 August 2020 to at least 31 March 2021 must be at least 6 months for most grounds (including Section 21 notices). The expiry of a section 21 notice does not bring a tenancy to its end. The most common reasons are: It’s the wrong form. [xxxiii][32][36], The requirement for a notice under subsection 4(a) to expire on the last day of a period of the tenancy is removed. A section 21 notice can be served at any time from the beginning of the tenancy but the notice can only end at the end of the fixed term. A section 21 notice is the most commonly used to start the eviction process for renters with an assured short hold tenancy contract. ", Advising tenants facing section 21 proceedings, https://en.wikipedia.org/w/index.php?title=Section_21_notice&oldid=982038925, Articles containing potentially dated statements from 2019, All articles containing potentially dated statements, Creative Commons Attribution-ShareAlike License, This page was last edited on 5 October 2020, at 20:56. [xxxv][36], A section 21 notice is only valid for six months from the notice being given. Your tenant may be able to refuse to leave the property if you don’t serve the notice correctly. The notice must be on Form 6A if your tenancy started or was renewed on or after 1 October 2015.. Notice periods and time limits for landlords to start court action have been temporarily extended due to coronavirus. [30] The end date of the temporary extension in Wales was later extended to 31 March 2021 to match. [xxxiv][36], No section 21 notice may be given by a landlord in the first four months of a tenancy. Before you do this, you must have: Given the tenant a copy of an EPC (with a rating of E or higher … [xlv][xlvi][42], Government guidelines published by the Department for Communities and Local Government (as it then was) in December 2017 suggested that an energy performance certificate is not required to be given where the tenancy is for an individual room as the tenancy would not be for a building or a building unit designed or altered for separate use. Section 21 notices requiring possession of a property under an assured shorthold tenancy. [xxiv][33], As well as protecting the deposit, the landlord must also give information as prescribed by the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 to the tenant and anyone who paid the deposit on behalf of the tenant before a section 21 notice may be given. Alongside this guide, the government has also been obliged, as a result of the new Act, to update the Section 21 possession notice known as Form 6a, available here Form 6a . [x] The legislation is silent and there is no clear authorities as to whether the notice may expire before the end of the fixed term in the absence of a break clause. This practice note sets out the procedures for terminating an assured shorthold tenancy (AST) by the service of a notice under section 21 of the Housing Act 1988 … Section 21 notices. From 23 November 2016, if the landlord is not registered or a self-managing landlord is not licensed, no section 21 notice may be given. If you serve a section 21 notice at the end of the tenancy, the tenant is not mandated to leave the property till after two months. This Section 21 Notice is intended to make the serving of notice for possession easier for landlords by removing the requirement to have the date to be the exactly at the end of a rental period. This requires a two-month notice to be served under section 21 of the Housing Act 1988 and an application for a possession order once that notice has expired. [xxvi][33][35], The requirements to protect the deposit and giving of information applies afresh for every tenancy. [44] The solicitor instructed by the tenant in Trecarrel House Limited v Rouncefield confirmed on Twitter that the tenant is seeking leave to appeal to the Supreme Court. This means the tenant must physically receive the notice 2 months before they have to move out. This practice note sets out the procedures for terminating an assured shorthold tenancy (AST) by the service of a notice under section 21 of the Housing Act 1988 (HA 1988) and the legal and practical issues that may arise. The facts of the case and wording of the judgments however leaves open the possibility that a lack of a valid gas safety certificate at the time when the tenant first went into occupation under the tenancy remains an irremediable breach. Prior to the coronavirus pandemic, serving a Section 21 notice was the most common way for landlords to begin the process of ending a tenancy. [xix] No section 21 notice may be given while any property other than money is being held as deposit. [xi][21], If the landlord is a private registered provider of social housing, and the tenancy is for a fixed term of at least two years granted on or after 1 April 2012,[xii][xiii] then the landlord must have previously given a notice of at least six months that the landlord does not propose to grant the tenant another tenancy on the expiry of the current tenancy, and informing the tenant of how to obtain help or advice about the notice and outlining any obligations the landlord has to provide help or advice. WHAT IS A SECTION 21 NOTICE? Section 21 of the Housing Act enshrines your right to evict tenantson an assured shorthold lease, and sets out when and how you can exercise that right. [10][11] Regulations on security were variously widened and tightened over the years. For an overview of the procedures for terminating an AST and the legal and practical issues that may arise generally, see Practice note, Ending an assured shorthold tenancy. The notice period must be at least: 1. [xxv][34], For a deposit that was received from 6 April 2007, if the deposit was not protected in accordance with an authorised scheme by the required time limit, then the landlord must first return the deposit in full to the tenant or with such deductions as are agreed between them before the landlord may give a section 21 notice. There is disagreement as to whether the prescribed form was required for tenancies granted before 1 October 2015 and associated statutory periodic tenancies. Section 21 notice of seeking possession As of 24 July 2020 in Wales, the notice period for a Section 21 notice and most Section 8 notices is at least six months. A landlord may only require the payment of money as deposit. [33] The Localism Act 2011 increased the time limit to 30 days[xxii] starting from 6 April 2012. The […] Section 21 Notice to Quit. However, there are certain cases where a shorter notice period may be provided. This actually happens quite often as the form is changed frequently. This information must be given by the landlord. 3) Regulations 2019", "The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019", "The Civil Procedure (Amendment No. 1 and Transitional and Saving Provisions) Order 2015", "The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015", "The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015", "The Tenant Fees Act 2019 (Commencement No. [liv], If the landlord have required and accepted a prohibited payment from a relevant person, or fail to handle a holding deposit in accordance with the legislation, then no section 21 notice may be given by the landlord until the prohibited payment or holding deposit have been repaid to the person who made the payment. Alternatively, a section 21 notice may be given if the tenant or the person who paid the deposit on behalf of the tenant has made an application to the county court against the landlord for a penalty under section 214(1) of the 2004 Act, and the claim has been determined by the court, withdrawn or settled. [9], Security of tenure was first given to tenants of certain dwellings in 1915 by the Increase of Rent and Mortgage Interest (War Restrictions) Act as a result of housing shortage caused by World War I. In the latter case, the notice is valid even if the notice give two different dates so long as one of the date is specified as a fall back in case the other date is invalid. It's a common route for evicting tenants on a 'no-fault basis'. As of 24 July 2020 in Wales, the notice period for a Section 21 notice and most Section 8 notices is at least six months. A 'Section 21 Notice of Possession' operates under section 21 of the Housing Act 1988, is the legal eviction notice template notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST). It’s a process that can be difficult to complete successfully because of the specific actions involved and the amount of legal holes that could be fallen into, rendering the serving of the notice invalid. [46] Where the tenancy is a replacement tenancy, it is not necessary for the landlord to give the guide again unless a new version has been published since the last time the landlord provided the guide under an earlier tenancy. The Welsh Assembly also announced the same proposals on Friday. It’s titled “Notice Requiring Possession (Under section 21 of the Housing act 1988) officially. It’s used in England & Wales by landlords to evict tenants and to gain possession of a property that is let under an assured shorthold tenancy (AST). Landlords worrying about when the government is going to turn its plans to abolish Section 21 notice ‘no fault’ evictions into law can relax a little. [vi], The Housing Act 1988 introduced assured tenancies and assured shorthold tenancies from 15 January 1989, the latter being a subset of the former. If your landlord sends you a section 21 notice, for example, 3 months after your original tenancy starts, you can challenge their application for a possession order. PREVENTION:Check the licensing provisions of the local authority and make sure you know what licensing requirements relate to the property. [3] Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy. If your section 21 notice is valid, your landlord will need to go to court to evict you. If you get a section 21 notice, it’s the first step your landlord has to take to make you leave your home. These are used when the landlord wants to regain possession of a property at the end of an assured shorthold tenancy or wishes to exercise a 'Break Clause'. The eviction notice’s official title in the courts is a ‘Notice Requiring Possession (under section 21 of the Housing Act 1988)’. The equivalent of a Section 21 notice for periodic tenancies in Wales (also described as occupation contracts) is a Section 173 notice, and for fixed-term tenancies it's a Section 186 notice. PROBLEM:In several areas the local authority has introduced selective or additional licensing for private rented accommodation that sits alongside the national HMO licensing scheme. [xxiii] Additionally, the Localism Act 2011 (Commencement No. The section 21 notice must: 1. be on Form 6A 2. follow certain rules to be valid Your landlord doesn't have to give a reason for wanting you to leave. As you can probably guess, it’s been a busy day on the phones today! This change went into effect the following day, to end 31 March 2021. [xlviii][xlix] Where the tenant's right to occupy the property is for a period of at most 28 days[xlvii] or there is no relevant gas appliance in any room occupied by the tenant, the landlord may choose instead to display the certificate in a prominent position in the property alongside a statement that the tenant is entitled to request their own copy of the certificate. [xxxix][38][39] If the requirement applied to the older tenancies, then it came into effect on 1 July 2018. ", "Government support available for landlords and renters reflecting the current coronavirus (COVID-19) outbreak", "Coronavirus ban on evicting renters extended", "Here comes the new stay, same as the old stay", "From March to September - possession stay extended", "Eviction ban to be extended by four weeks", "Here come the new rules, (not quite) the same as the old rules - Notice periods", "Eviction during the coronavirus pandemic", "Cutting the red tape: the Deregulation Act 2015", "How to Understand Which Section 21 Rules Apply From October 2018", "Autumn – mellow fruitfulness and new section 21 rules", "Coronavirus - new forms 3 and 6A for s8 and s21", "A guide to energy performance certificates for the marketing, sale and let of dwellings", "The judgement in Trecarrell House -v- Rouncefield ...", "Government quietly corrects its own 'startling' mistake in How to Rent booklet", "How to Rent booklet laws throw up new potential pitfall for landlords", "The new How to Rent Guide – why issuing the correct version requires close attention to detail", "Keeping up with the "How to Rent" guide: a guide", "Does the landlord have to refund rent paid in advance if the tenant leaves early? Alternatively, the landlord must first obtain the consent of the relevant person to apply any prohibited payment or holding deposit which have not been repaid towards the payment of rent or tenancy deposit. [xxxvii][30], The Secretary of State may prescribe the form which Section 21 notices must be given. There is no requirement for the landlord to provide further copies of the guide during a tenancy when new versions are published. [xlv] These require a landlord of any property with any relevant gas fitting or flue serving such fitting to give a copy of the most recent gas safety certificate to new tenant before they occupy the property,[xlvii] and for a copy of new gas safety certificate to be given to each existing tenant. [xxxii][32][36], A landlord is exempted from this section if the condition that gave rise to the notice by the authority is due to a failure by the tenant to use the property in a tenant-like manner, or at the time of the notice the property is genuinely on the market for sale, or if the landlord is a private registered provider of social housing, or the section 21 notice is given as a result of a mortgagee exercising a power of sale on the mortgagor after a default. The Government also announced concurrent plans to strengthen the grounds for repossession under Section 8 of the Housing Act 1988. A section 21 notice will now expire after 10 months (up from 6 months previously) – which means if you have not issued possession proceedings in that time, you will have to serve a new section 21 notice. Tenants of regulated tenancies under the Rent Act 1977 cannot be evicted by their landlord without one of the grounds under Schedule 15 of the Act being satisfied. [xx][32], No section 21 notice may be given while a deposit is held that is not protected in accordance with an authorised tenancy deposit scheme. A Section 21 notice must always give tenants on a fixed tenancy at least two months’ notice to leave your property. If a Section 21 Notice is served after the fixed term has ended, the landlord must give at least 2 months notice and the notice must end on the last day of the ‘period of the tenancy’. [xliv] Two requirements have been prescribed under this section[xlv] for tenancies which began from 1 October 2015, other than statutory periodic tenancies that have been excluded. "Section 21 is a pernicious piece of legislation that renters across the country will be glad to see the back of. 2 months if given before 26 March 2020 2. The Rent Act 1977 and the Protection from Eviction Act 1977 consolidated existing legislations and is still in force as of 2019[update]. [lv], The Housing (Wales) Act 2014 introduced mandatory registration for all landlords and their properties. 2) (Coronavirus) Rules 2020", The Coronavirus Act 2020 (Assured Tenancies and Assured Shorthold Tenancies, Extension of Notice Periods) (Amendment) (Wales) Regulations 2020, "The Civil Procedure (Amendment No. The most common reasons are: It’s the wrong form. A section 21 is a legal notice that a landlord can give to start the process to end an assured shorthold tenancy. The Government has temporarily changed the rules around using a Section 21 notice during the coronavirus pandemic: Between 27 March and 30 September 2020 notice periods were extended to at least three months. [43] It is unclear if lack of an energy performance certificate in such a tenancy would invalidate a section 21 notice. There are other ways in which the section 21 notice might be served incorrectly or be able to be overthrown due to technicalities. [xxix][xxx][36], A landlord is prohibited from giving a section 21 notice for six months if they are given an improvement notices under section 11 or 12 of the 2004 Act relating to hazards by the local housing authority, or a notice under section 40(7) of the 2004 Act after taking emergency remedial action. 3 That a section 21 notice is a ‘Notice to Quit’ People often talk about section 21 notices as being a ‘notice to quit’ meaning that it is a notice asking people to leave. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed[i] by a County Court bailiff or High Court enforcement officer. In either case, since the coming into force of the 1996 Act, the notice must be in writing. For example, if you cannot meet the requirements of Section 21, you could use the section route. 21 Recovery of possession on expiry or termination of assured shorthold tenancy. 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With two months written notice landlord will need to go to court to evict you you.
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